ACC and treatment injuries: is it time to rethink injury causation?

ABSTRACT

In Aotearoa New Zealand, personal injuries resulting from medical treatment are covered under the Accident Compensation Act 2001. However, before victims of medical injury can receive cover and compensation, they must first satisfy several legal tests. Much criticism and legal action have surrounded the interpretation and application of these legal tests, primarily because of its focus lying on injury causation instead of supporting the incapacitated. This article examines the issues present within the current legislative framework for treatment injury coverage and proposes a potential solution to address the underlying problem.